



U2^ 



i64TH Congress, ) HOUSE OF REPRESENTATIVES, j Report 
i 2d /Session. ) "j No. 1505. 



CESSION OF DANISH WEST INDIES. 



February 17, 1917. — Committed to the Committee of the Whole House on the state 
of the union and ordered to be printed. 



Mr. Flood, from the Committee on Foreign Affairs, submitted the 

following 

REPORT. 

— ^. y _, ^ ij j [To accompany H. R. 20755.] 
( - '- ' " 1 

The Committee on Foreign Affairs, to which was referred the bill 
(H. R. 20755) to carry 'out the provisions of the treaty of August 4, 
1916, for the purchase ^i the Danish West Indian Islands, and for 
other purposes, having had the same under consideration, reports it 
back with amendments and recommends that the bill, as amended, 
do pass. 

On page 1, section 1, strike out all of section down to and including 
the word "islands" in line 13, and insert in lieu thereof the following 
words: "That all military, civil, and judicial powers necessary to 
govern the West Indian Islands acquired from Denmark shall be 
vested in such person or persons and shall be exercised in such manner 
as the President of the United States shall direct until Congress shall 
provide for the government of said islands." 

On page 2, hue 7, strike out all after the word "Provided" down 
to and including the word " duty," in line 10 and insert: 

That all articles, the growth or product of, or manufactured in such islands from 
materials the growth or product of such islands or of the United States, or of both, or 
which do not contain foreign materials to the value of more than twenty per centum 
of their total value, upon which no drawback of customs duties has been allowed 
therein, coming into the United States from such islands shall hereafter be admitted 
tree of duty. 

On page 2, line 18, after ther_word "sugar" insert the words "to 
foreign countries." 

On page 3, line 3, after the word "sum" insert the word "of." 

On page 3, line 3, strike out the word "moneys" and insert the 
word "money" in lieu thereof. 

On page 3, line 15, strike out the figures "1100,000" and insert 
the figures "$50,000" in lieu thereof. 



2 CESSION" OF DANISH WEST INDIES. ^ W ^ 

On page 3, after line 19, insert as a new section: 

Sec. 7. This act shall be in force and effect and become operative after the date 
upon which said payment is made and the fact and date of such payment shall be 
made public by a proclamation issued by the President. 

Amend the title to read as follows: 

To provide a temporary go^"ernment for the West Indian Islands acquired by the 
United States from Denmark by the convention entered into between said countries 
on the fourth day of August, nineteen hundred and sixteen, and ratified by the Sen- 
ate of the United States on the seventh day of September, nineteen hundred and 
sixteen, and for other jjurposes. 

EFFORTS TO ACQUIRE THE ISLANDS. 

The acquisition of the Danish West Indian Islands has been the 
subject of negotiation and treaty between the United States and 
Denmark for more than a half century. 

The United States first attempted the purchase of these islands in 
1865, during the administration of President Lincoln. Secretary 
Seward appeared to be especially anxious that they should belong 
to the United States. 

It appears that Mr. Seward first proposed to purchase the islands 
at a dinner party in January, 1865. Denmark had no desire to part 
with her West India colonies. The assassination of President Lincoln 
and the attempted assassination of Secretary Seward suspended the 
negotiations for some time. In the meantime, Secretary Seward vis- 
ited the islands. It was not, however, until July 17, 1866, that the 
LTnited States made a definite offer of $5,000,000 for St. Thomas, St. 
John, and Santa Cruz. 

In 1867 Denmark declined to sell the islands for $5,000,000, but 
offered St. Thomas and St. John for $10,000,000, or $15,000,000 for 
the three. Mr. Seward rephed by offering $7,500,000 in gold for the 
three islands, Denmark agreed to take $7,500,000 for St. Thomas 
and St. John, but wanted $3,750,000 in addition for Santa Cruz. 
Finally Secretary Seward agreed to purchase St. Thomas and St. John 
for the price named by Denmark, $7,500,000, but further complica- 
tions arose because Denmark insisted that the consent of the people 
of the islands should be formally given before the sale was con- 
summated. This was at first objected to by Mr. Seward, but he 
finally cabled our minister to ''concede question of vote," and on the 
24th of October the treaty was signed. 

The question was submitted to a vote of the people, the voting 
occurring in St. Thomas on January 9, 1868, and out of 1,039 votes 
cast there were but 22 votes against the cession. In St. John there 
were but 205 votes in favor of the cession and not one against it. 

The treaty was submitted to the Rigsdag of Denmark and promptly 
ratified and signed by the King on June 31, 1868. It was submittecl 
to the United States Senate on December 3, 1867. Senator Sumner 
was chairman of the Committee on Foreign Relations during this 
period, and the treaty remamed unreported for more than two years, 
when on March 24, 1870, Senator Sumner reported it adversely and 
the Senate declined to ratify it. The negotiations for the purchase of 
the islands commenced under President Lincoln ; the treaty was signed 
shortly after Andrew Johnson became President, but it was not acted 
upon until the administration of President Grant. 



CESSION OP DANISH WEST INDIES. 3 

Subsequently it appears that the purchase of the islands was con- 
sidered by Secretaries Foster and Olney during the administrations 
of Presidents Harrison and Cleveland. 

On March 31, 1898, the Committee on Foreign Relations reported 
to the Senate a bill authorizing the President to purchase the islands 
for use as a naval and coaling station. On this bill Senator Lodge 
submitted an exhaustive report, giving in detail the historv of the 
islands, and summarizing the history of the negotiations for their 
purchase by the United States. Attached to this report is to be 
found correspondence of Secretaries Foster and Olney. Mr. Lodge's 
report is attached hereto and made a part of this report. 

On January 24, 1902, a convention was signed at Washington by 
Mr. Hay, Secretary of State, and Mr. Brun, Danish minister, for the 
cession to the LTnited States of "the islands of Saint Thomas, Saint 
John, and Sainte Croix, in the West Indies, with the adjacent islands 
and rocks," the consideration being $5,000,000. This convention 
was favorably reported by the Committee on Foreign Relations on 
February 5, 1*902, and ratified by the United States Senate February 
17, 1902. The treaty was approved by one house of the Danish 
Rigsdad; but, October 21, 1902, the other house by a vote of 32 to 
32 declined to ratify it. 

DESCRIPTION OF THE ISLANDS. 

The islands of St. Thomas and St. John are a part of the Virgin 
Islands, so named by Christopher Columbus. This chain of islands 
forms a prolongation of Porto Rico, but bends somewhat to the 
northeast before joining the Lesser Antilles. The island of St. 
Thomas lies about 36 miles east of Porto Rico, St. John being imme- 
diately east of St. Thomas. St. Croix is situated about 40 miles 
south of St. Thomas in the Caribbean Sea. 

ST. THOMAS. 

St. Thomas, notwithstanding its small size, is the most important 
of the Danish West Indies, not only because it is an important coaling 
station and depot of trade with the West Indies, but because of its 
excellent harbor, hereafter referred to. St. Thomas is 12 miles long 
east and west, and from 1 to 3 miles broad. Practically all of the 
inhabitants live in the town called Charlotte Amahe, situated mid- 
way of the island on tlie south side. The only article of export is a 
small quantity of bay rum. 

THE HARBOR. 

St. Thomas has a small interior harbor, completely sheltered, which 
will accommodate many vessels. Outside the harbor, on the open 
coast, and in a roadstead partly sheltered by an outlying island, is a 
good anchorage for a great number of ships, and this anchorage is, 
during almost the whole year, sufficiently smooth to admit of ships 
coaling and taking in stores. The harbor is near the middle of the 
south shore of the island, and its entrance at the narrowest part is 1^ 
cables (900 feet) wide, from whence it spreads out on either side to a 
basin about three-quarters of a mile in diameter, and, being open to 
the southward, is at aU times free of ingress and egress with the 
prevailing trade wind. 



CESSION OF DANISH WEST INDIES. 



This island is 8 miles long east and west and of irregular breadth. 
Its area is about 40 square miles, and it contains 915 inhabitants. It 
occupies an excellent position near St. Thomas, and its port of Coral 
Bay on the east side is said to be the best harbor of refuge in the 
Antilles during cyclones. 

ST. CROIX. 

St. Croix, so named by Columbus, is situated 40 miles south of St. 
Thomas and 65 miles from Porto Rico. It is the largest of the Danish 
West Indies and its capital. It is 19 miles long, of irregular breadth, 
and contains 51,890 acres, of which over 16,000 acres are devoted to 
the cultivation of sugar. Christiansted, commonly caUed the Basin, 
is the capital city, and is situated at the head of an inlet on the north 
side. Frederikstead, the second largest town on the island, is situated 
on the west coast, and both towns are connected with the surround- 
ing villages by good roads. There is a smaU harbor at Frederik- 
stead and a larger one at Christiansted, not capable, however, of 
receiving many vessels. 

The Danish West India Islands are inhabited mostly by free negroes 
engaged in the cultivation of sugar cane. About 10 per cent of the 
inhabitants are white, and the remaining 90 per cent negroes. The 
English language is spoken by all. 

St. Croix contain J Si .25 square miles and has a population of 
about 20,000; St. Thomas contains 28.25 square miles, with a 
population of about 2,000; St. John contains 19.97 square miles 
and a populatioji of about 1,000. The other islands, though numer- 
ous, are of small value. 

ADVANTAGES OF THE ISLANDS. 

Secretary Lansing says: 

This convention is responsive to the conviction of both Governments, as well as of 
the people of the islands, that the Danish West Indies should belong to the United 
States. This conviction, as is well known, has been manifested in earlier treaties for 
the transfer of these islands to the United States. Without entering upon any extended 
historical review of the negotiations of these earlier treaties, it may be pointed out that 
the first negotiations for the purchase of the islands were initiated by Secretary Seward 
during the administration of President Lincoln and before the close of the Civil War, 
culminating in the convention signed at Copenhagen October 24, 1867, during the 
administration of President Johnson, for the cession of the islands of St. Thomas and 
St. John. It is the opinion of students of the subject that this convention was brought 
about through the conviction of the United States, gained by its naval operations dur- 
ing the Civil War, of the need of a naval coaling supply and repair station in the Carib- 
bean Sea in order that the United States might be placed on a footing with other great 
powers owning islands in those waters. This conviction, no doubt, was strengthened 
by the fact that the Ignited States emerged from that war as a maritime power to whom 
a good harbor and depot in the West Indies had become a matter of so great importance, 
if not of neces.sity, that the United States could not wish to see the Danish West Indies 
fall into the hands of another power. 

Although tiie plebiscite in St. Thomas and St. John held under the treaty of 1867 was 
overwhelmingly in favor of the cession, and the treaty was promptly approved by the 
Danish Rigsdag and ratified and signed by the King, and although the period for rati- 
fication was extended from time to time to April 14, 1870, the Senate Committee on 
Foreign Relations took no action until March- 24, 1870, when Senator Sumner reported 
it adversely and the Senate acquiesced in that opinion. 



CESSION OF DANISH WEST INDIES. 5 

Prior to the Spanisli War overtures were again made for tlie cession of the islands — 
this time initiated by the Danish Government. During the Spanish War the' question 
of the purchase of the islands was further agitated. Concurrently with the discussion 
of the Isthmian Canal and the protection of the islands obtained "from Spain, a second 
treaty for the purchase of the Danish West Indies was signed at Washington, January 
24, 1902. In reporting this treaty favorably to the Senate, Senator CuUom, of the 
Committee on Foreign Relations, stated: 

"These islands, together with Porto Rico, are of great importance in a strategic way, 
whether the strategy be military or commercial. St. Thomas is the natural point 
of call for all European trade bound to the West Indies, Central America, or northern 
South America. These islands, together with Porto Rico, form the northeastern 
corner of the Caribbean Sea, and are of great importance in connection with the 
American isthmus, where a canal will be constructed between the Atlantic and 
Pacific. They are of first importance in connection with our relations to the region 
of the Orinoco and the Amazon and with our control of the Windward Passage." 

The treaty was approved by the United States Senate February 17, 1902, but failed 
of ratification by a tie vote in the upper house of the Danish Rigsdad. 

All of the reasons upon wliich the two prior treaties were based, whether strategic, 
economic, or political, are of more force to-day than in previous years. There can be 
no question as to the value of St. Thomas Harbor as a naval port, with its circular 
configuration, ample roadsteads, protection from prevailing winds and seas, and facili- 
ties for fortifications. Moreover, the advantages of the possession of a naval base off 
the entrance of the Panama Canal and near the island of Porto Rico are self-evident. 

The commercial value of the islands can not be doubted. Ljing in close proximity 
to many of the passages into the Caribbean Sea, the use of St. Thomas Harbor as a 
supply station for merchant sliips phang between the United States and South 
America, and for vessels in other trades, is of great importance. The existing modern 
harbor works, floating docks, marine slip and wharves provided with electric cranes, 
oil reservoirs, coal depots, fresh-water tanks, machine shops, and warehouses con- 
tribute to the commercial advantages of St. Thomas Harbor as a port of call and 
transsliipment for sliips in the Central and South American trades. 

The political importance of extending American jurisdictiou over the islands is 
not to be overlooked. The Caribbean is within the peculiar sphere of influence of 
the United States, especially since the completion of the Panama Canal, and the 
possibility of a change of sovereignty of any of the islands now under foreign jurisdic- 
tion is of grave concern to the United States. Moreover, the Monroe doctrine, a 
settled national policy of the United States, would have caused tliis country to look 
with disfavor upon the transfer of sovereignty of the Danish West Indies to any 
other European nation. 

In \-iew of these considerations, the treaty of cession of these islands to the United 
States is a matter of no small moment to this country. I do not hesitate, therefore, to 
recommend that the Congress be urged to take action dining the present session to 
enable this Government to discharge its conventional obligation to Denmark by the 
payment to the Government of Denmark of the sum of $25,000,000 by April 17 next. 

TRADE WITH THE UNITED STATES. 

During the year 1915 the Danish West Indies exported to the 
United States merchandise to the amount of $350,822, of which 
$311,002 was in sugar. During the same year the United States 
exported to the Danish West Indies articles to the amount of $703,354. 

The volume of trade between the United States and these islands 
has been heretofore inconsiderable; but the testimony before the 
committee is to the effect that it may and doubtless will be hereafter 
increased many fold. 

THE TREATY. 

The treaty provides for the cession by Denmark to the United 
States of all territory possessed by Denmark in the West Indies, includ- 
ing the islands of St. Thomas, St. John, and St. Croix, together with 
the adjacent islands and rocks; also the cession of all public property 
and Government archives, bars the impairment of private rights, 



6 CESSION OF DANISH WEST INDIES. 

and gives to the Danish National Church the undisturbed use of its 
churches. Arms and miUtary stores belonging to the Danish Gov- 
ernment shall remam the property of that Government and be re- 
moved by it, unless purchased in whole or in part by the United 
States. Claims held by Denmark against the colonial treasuries are 
extinguished by reason of the cession, and no responsibihty is assumed 
by the United States. Certain concessions named in the treaty are 
confirmed by the United States and are to be maintained in accord- 
ance with the terms on which the concessions were given. 

Delivery of the islands by Denmark is to be made by agents of the 
Danish Government to agents of the United ^States immediately upon 
the payment of the sum of money stipulated in the convention, 
$25,000,000, which is to be paid in gold within 90 days from the date 
of the exchange of the ratifications of the convention. 

Provision is made for the preservation of 'Danish citizenship by 
residents of the islands desiring to do so, and for subsequent renuncia- 
tion when desired. The civil rights and political status of the inhabi- 
tants shall be determined by the Congress of the Uiiited States, sub- 
ject to the stipulations of the treaty. 

Treaties, conventions, and other international agreements between 
the United States are to apply ipso facto to the islands, provided there 
is no provision to the contrary. 

Provision is made for the submission to The Hague Tribunal of any 
disputes between the hi^h contracting parties as to the interpreta- 
tion or application of tlie treaty terms, if there should arise any 
differences that can not be otherwise settled. 

The first section of the bill provides that, until Congress shall other- 
wise provide, the military, civil, and judicial powers necessary to 
govern the islands shall be vested in such person or persons as the 
President shall appoint. This provision is in accordance with the 
provision made for the temporary government of Alaska, Hawaii, the 
Canal Zone, and probably other possessions. 

The second section of the bill provides that all articles the growth,, 
product, and manufacture of the islands shall come into the United 
States free of duty. 

The 3d section provides that the customs duties now existmg shall 
remain so far as compatible with the changed sovereignty of the 
islands until Congress shall provide, and applies an export duty of 
$8 per ton upon sugar, the main product of the islands, whether it is 
shipped to this country, its possessions, or to foreign countries. It 
is supposed that this will produce revenue enough with the import 
duties to support the government of the islands. 

wSection 4 of the bill provides that the duties and taxes collected 
shall not be covered into the Treasury of the United States, but shall 
be paid to the treasury of the islands to be used and expended for 
the government and benefit of the islands. 

Section 5 provides for an appropriation to pay the Danish Govern- 
ment for the islands. 

Section 6 provides an appropriation of $50,000 to pay the expenses 
of the goyernment of the islands which will be needed until the export 
and import duties can be utilized. 

Section 7 provides the time when this act shall go mto effect. 

Your conunittee calls attention to the necessity for early action 
on the bill to enable the Government of the United States to dis- 



CESSION OF DAXISH WEST INDIEb. 7 

charge its conventional obligation to the Government of Denmark 
under article 5 of the convention, whereby the United States agrees 
to pay the full consideration for the cession within 90 days from the 
date of the exchange of the ratifications of the convention. The 
exchange of ratifications was effected on January 17, 1917, and the 
good faith of the United States requires payment to be made not 
later than April 17, 1917. 

For ready reference a copy of the said convention is appended to 
this report. 

CONVENTION BETWEEN HIS MAJESTY THE KING OF DENMARK AND THE UNITED STATES 
OF AMERICA RESPECTING THE CESSION OF THE DANISH WEST-INDIAN ISLANDS. 

The United States of America and His Majesty the King of Denmark being desirous 
of confirming the good understanding which exists between them, have to that end 
appointed as plenipotentiaries : 

The President of the United States: Mr. Robert Lansing, Secretary of State of the 
United States. 

and His Majesty the King of Denmark: Mr. Oonstantin Brun, His Majesty's Envoy 
Extraordinary and Minister Plenipotentiary at Washington, 

who. ha\'ing mutually exhibited their full powers, which were found to be in due 
form, have agreed upon the following articles: 

Article 1. 

His Majesty the King of Denmark by this convention cedes to the United States 
all territory, dominion, and sovereignty possessed, asserted, or claimed by Denmark 
in the West Indies, including the islands of Saint Thomas, Saint John, and Saint 
Croix, together with the adjacent islands and rocks. 

This cession includes the right of property in all public, government, or Crown 
lands, public buildings, wharves, ports, harbors, fortifications, barracks, public funds, 
rights, franchises, and pri^ileges, and all other public property of every kind or 
description now belonging to Denmark, together with all appurtenances thereto. 

In this cession shall also be included any government archives, records, papers, 
or documents which relate to the cession or the rights and property of the inhabitants 
of the islands ceded, and which may now be existing either in the islands ceded or 
in Denmark. Such archives and records shall be carefully preserved, and authenti- 
cated copies thereof, as may be required, shall be at all times given to the United 
States Government or the Danish Government, as the case may be, or to such properly 
authorized persons as may apply for them. 

Article 2. 

Denmark guarantees that the cession made by the preceding article is free and 
unencumbered by any reservations. pri\-ileges. h-ancliises. grants, or possessions 
held by any governments, corporations, syndicates, or individuals, except as herein 
mentioned.' But It i=i understood that this cession does not in any respect impair 
private rights which by law belong to the peaceful possession of property of all kinds 
by private ind.lvduals of whatsoever nationality, by municipalities, public or private 
establishments, ecclesiastical or civic bodies, or any other associations haAdng legal 
capacity to acquire and po3se:-!s property in the islands ceded. 

The congregations belonging to the Danisli National Church shall retain the undis- 
turbed use of the churches Vhich are now used by them, together with the parsonages 
appertaining thereunto and other appurtenances, including the funds allotted to 
the chm'ches. 

Article 3. 

It is especiallv asri'eed. however, that — 

(1 ) The arms and military stores existing in the islands at the time of the cession 
and belonging to the Dani.sh Government .shall remain the property of that Govern- 
ment and shall, as soon as circumstances will permit, be removed by it. unless they, 
or pai-ts thereof, may have been bought by the Government of the United States; it 
being, however, understood that flags and colors, uniforms, and .such arms or military 



8 CESSION OF DANISH WEST INDIES. 

articles as are marked as being the property of the Danish Government shall not be 
included in such purchase. 

2) The movables, especially silver plate and pictures, which may be found in the 
government buildings in the islands ceded and belonging to the Danish Government 
shall remain the property of that Government and shall, as soon as circumstances will 
permit, be removed by it. 

3) The pecuniary claims now held by Denmark against the colonial treasuries of 
the islands ceded are altogether extinguished in consequence of this cession and the 
United States assumes no responsibility whatsoever for or in connection with these 
claims. Excepted is, however, the amoimt due to the Danish treasury in account 
current with the West Indian colonial treasiu'ies pursuant to the making up of accounts 
in consequence of the cession of the islands; should, on the other hand, this final 
accounting show a balance in favour of the AVest Indian colonial treasuries, the Danish 
treasury shall pay that amount to the colonial treasuries. 

4) The United States will maintain the following grants, concessions, and licenses, 
given by the Danish Government, in accordance with the terms on which they are 
given: 

a. The concession granted to "Det vestindiske Kompagni" (the West Indian 
Company) Ltd. by the communications from the Ministry of Finance of January 18th, 
1913, and of April 16th, 1913, relative to a license to embank, drain, deepen, and 
utilize certain areas in St. Thomas Ilarl^or and preferential rights as to commercial, 
industrial, or shipping establishments in the said harbor. 

b. Agreement of August 10th and 14th, 1914, between the municipality of St. 
Thomas and St. John and ''Det vestindiske Kompagni," Ltd., relative to the supply 
of the city of Charlotte Amalie with electric lighting. 

c. Concession of March 12th, 1897, to "The Floating Dock Company of St. Thomas, 
Ltd.," subsequently transferred to ''The St. Thomas Engineering and Coaling Com- 
pany, Ltd.," relative to a floating dock in St. Thomas Harbor, in which concession 
the maintenance, extension, and alteration of the then existing repairing slip are 
reserved . 

d. Royal Decree Nr. 79 of November 30th, 1914, relative to the subsidies from the 
colonial treasuries of St. Thomas and Sainte Croix to "'The West India and Panama 
Telegraph Company, Ltd." 

e. Concession of November 3rd, 1906, to K. B. Hey to establish and operate a tele- 
phone system on St. Thomas Island, which concession has subsequently been trans- 
ferred to the "'St. Thomas Telefonselskab," Ltd. 

f. Concession of February 28th, 1913,' to the municipality of Sainte Croix to estab- 
lish and operate a telephone system in Sainte Croix. 

g. Concession of July 16th, 1915, to Ejnar Svendsen, an engineer, for the construc- 
tion and operation of an electric-light plant in the city of Christiansted, Sainte Croix. 

h. Concession of June 20th, 1904, for the establishment of a Danish West Indian 
bank of issue. This bank has for a period of 30 years acquired the monopoly to issue 
bank notes in the Danish West India Islands against the payment to the Danish 
Treasury of a tax amounting to ten per cent of its annual profits. 

i. Guarantee according to the Danish supplementary budget law for the financial 
year 1908-1909 relative to the St. Thomas Harbor's four per cent loan of 1910. 

(5) Whatever sum shall be due to the Danish treasury by private individuals on 
the date of the exchange of ratifications are reserved and do not pass by tliis cession; 
and where the Danish Government at that date holds property taken over by the 
Danish treasury for sums due by private individuals, such property shall not pass by 
tliis cession, but the Danish Government shall sell or dispose of such property and 
remove its proceeds within two years from the date of the exchange of ratifications of 
this convention; the United States Government being entitled to sell by public 
auction, to the credit of the Danish Government, any portion of such property re- 
maining unsold at the expiration of the said term of two years. 

(6) The colonial treasuries shall continue to pay the yearly allowances now given to 
heretofore retired functionaries appointed in the islands but holding no royal commis- 
sions, unless such allowances may have until now been paid in Denmark. 

Article 4. 

The Danish Government shall appoint with convenient despatch an agent or agents 
for the purpose of formally delivering to a similar agent or agents appointed on behalf 
of the United States, the territory, dominion, property, and appurtenances which are 
ceded liereby, and for doing any other act which may be necessary in regard thereto. 
P'ormal delivery of the territory and property ceded shall be made immediately after 
the payment by the United States of the sum of money stipulated in this convention; 



CESSION" OF DANISH WEST INDIES. 9 

but the cession with the right of immediate possession is nevertheless to be deemed 
complete on the exchange of ratifications of tliis convention without such formal 
delivery. Any Danish military or naval forces which may be in the islands ceded 
shall be withdrawn as soon as may be practicable after the formal delivery, it being 
however understood that if the persons constituting these forces, after having termi- 
nated their Danish service, do not wish to leave the islands, they shall be allowed to 
remain there as civilians. 

Article 5. 

In full consideration of the cession made by this convention, the United States 
agrees to pay. within ninety days from the date of the exchange of the ratifications 
of this convention, in the city of "Washington to the diplomatic representative or 
other agent of His Majestv the King of Denmark duly authorized to receive the 
money the sum of twenty-five million dollars in gold coin of the United States. 

Article 6. 

Danish citizeiis residing in said islands may remain therein or may remove there- 
from at will, retaining in either event all their rights of property, including the right 
to sell or dispose of such property or its proceeds; in case they remain in the islands, 
they shall continue until otherwise provided to enjoy all the private, municipal, 
and religious rights and liberties secured to them by the laws now in force. If 
the present laws are altered the said inhabitants shall not thereby be placed in a less 
favorable position in respect to the above-mentioned rights and liberties than they 
now enjoy. Those who remain in the islands may preserve their citizenship in 
Denmark by making before a court of record, within one year from the date of the 
exchange of ratifications of this convention, a declaration of their decision to preserve 
such citizenship; in default of which declaration they shall be held to have renounced 
it, and to have accepted citizensliip in the United States; for childern under eighteen 
years the said declaration may be made by their parents or guardians. Such election 
of Danish citizenship shall, however, not, after the lapse of the said term of one year, 
be a bar to their renunciation of their preserved Danish citizenship and their election 
of citizensliip in the United States and admission to the nationality thereof on the 
same terms as may be provided according to the laws of the United States, for other 
inhabitants of the islands. 

The civil rights and the political status of the inhabitants of the islands shall be 
determined by the Congress, subject to the stipulations contained in the present 
convention. 

Danish citizens not residing in the islands but owning property therein at the time 
of the cession shall retain their rights of property, including the right to sell or dispose 
of such property, being placed in this regard on the same basis as the Danish citizens 
residing in the islands and remaining therein or remo\ing therefrom, to whom the 
first paragraph of this article relates. 

Article 7. 

Danish subjects residing in the islands shall be subject in matters ci\'il as well 
as criminal to the jurisdiction of the courts of the islands, pursuant to the ordinary 
laws governing the same, and they shall have the right to appear before such courts 
and to pursue the same course therein as citizens of the country to which the courts 
belong. 

Article 8. 

Judicial proceedings pending at the time of the formal delivery in the islands 
ceded shall be determined according to the following rules: 

(1) Judgments rendered either in civil suits between private individuals, or in 
criminal matters, before the date mentioned, and with respect to which there is no 
recourse or right to review under Danish law, shall be deemed to be final, and shall 
be executed in due form and without any renewed trial whatsoever, by the com- 
petent authority in the territories within which such judgments are to be carried out. 

If in a criminal case a mode of punishment has been applied which, according to 
new rules, is no longer applicable on the islands ceded after delivery, the nearest 
corresponding punishment in the new rules shall be applied. 

(2) Civil suits or criminal actions pending before the first courts, in which the 
pleadings have not been closed at the same time, shall be confirmed before the tri- 
bunals established in the ceded islands after the delivery, in accordance with the 
law which shall thereafter be in force. 



10 CESSION OF DANISH WEST INDIES. 

(3) Civil suits and criminal actions pending; at the said time before the superior 
court or the supreme court in Denmark shall continue to be prosecuted before the 
Danish courts until final judgment according to the law hitherto in force. The 
judgment shall be executed in due form by the competent authority in the territories 
within which such judgment should be carried out. 

Article 9. 

The rights of property sec-ured by copyrights and patents acquired Ijy Danish sub- 
jects in the islands ceded at the time of exchange of the ratifications of this treaty 
shall continue to be respected. 

Akticle 10. 

Treaties, conventions, and all other international agreements of any nature existing 
between Denmark and the United States shall eo ipso extend, in default of a provision 
to the coutrarA', also to the ceded islands. 

Article 11. 

In case of differences of opinion arising between the High Contracting Parties in 
regard to the interpretation or application of this convention, such differences, if they 
can not be regulated thi'ough diplomatic negotiations, shall be submitted for arbitra- 
tion to the permanent Court of Arbitration at The Hague. 

Article 12. 

The ratifications of this convention shall be exchanged at Washington as soon as 
possible after ratification by both of the High Contracting Parties according to their 
respective procedure . 

In faith whereof the respective plenipotentiaries have signed and sealed this con- 
vention in the English and Danish languages. 

Done at New York this fourth day of August, one thousand nine hundred and 
sixteen. 

(seal) Robert Laxsin'G. 

(seal) C. Brux. 

o. 



LIBRARY OF CONGRESS 





